Want help protecting yourself after a motorcycle accident?
Knowing how negligence and liability works can mean the difference between the compensation you deserve and walking away with nothing. Far too many riders fail to consider legal liability ahead of time.
Here’s the problem…
Motorcycle accidents are serious. They can change your life forever. Unfortunately when it comes to proving negligence and liability after a motorcycle crash, riders are at a disadvantage. Insurance companies will throw every excuse in the book to place blame on the motorcyclist — even when another driver caused the accident.
Without a firm understanding of liability, negotiating a fair motorcycle accident settlement becomes nearly impossible.
But it doesn’t have to be that way. Every rider can learn how negligence and liability work. Knowledge is power and will allow you to build a strong claim while fighting back against unfair insurance practices.
Let’s dive in.
What You’re Going to Learn:
- What Negligence Means for Motorcyclists
- How Liability is Determined After a Crash
- The 4 Elements Needed to Prove Negligence
- How Comparative Fault Will Impact Settlement Amounts
- The Steps to Build a Strong Motorcycle Accident Claim
What Does Negligence Mean For Motorcyclists?
Negligence refers to careless actions that harm another person. When applied to motorcycle accidents, negligence is simple:
Did another person fail to use reasonable care on the road? If yes, they can be held liable for any damages caused by their negligence.
Motorcyclists are already vulnerable on the road. They are more likely to be injured or killed in an accident than drivers of passenger vehicles. In fact, the motorcyclist fatality rate was almost 28 times greater than the passenger car occupant fatality rate in 2023 according to NHTSA.
When another driver causes a crash due to negligence, it’s time to negotiate a motorcycle accident settlement. Working with an experienced Tampa motorcycle accident lawyer can make all the difference in receiving fair compensation to cover medical bills, lost wages, and long-term injuries.
How Is Liability Determined After a Crash?
While there are many causes of motorcycle accidents, liability isn’t always cut and dry. Multiple parties can be held liable after a crash.
It could be the negligent driver. Or maybe a vehicle manufacturer is to blame if a defective product caused the crash. In some situations, even a local municipality can be liable if poor road conditions contributed.
In most motorcycle accidents, another driver’s negligence is to blame. Negligent behaviors like failing to check blind spots, running stop signs or traffic lights, distracted driving, and unsafe lane changes can all result in liability.
As reported by the IIHS, motorcyclist deaths in 2023:
- 65% of motorcyclist deaths were in multiple vehicle crashes
- 17% occurred in single vehicle crashes
- 18% resulted from vehicle vs. pedestrian accidents
Negligent drivers cause the overwhelming majority of motorcycle accidents. Once liability is determined, compensation for those damages can be pursued.
There are four elements that must be proven in order to show negligence:
The Injured Party Had a Duty of Care
Every driver on the road owes a duty of care to everyone else on the road. They must follow traffic laws and operate their vehicle in a responsible manner.
The Other Party Breached That Duty of Care
The other person did something that breached their duty of care. Were they speeding? Texting and driving? Running a red light? These are all examples of breach.
Breaching That Duty of Care Caused the Motorcycle Accident
Not only must the other person breach their duty, but it must cause the accident. There must be a clear connection between the cause and crash.
Due to the Accident, the Injured Party Suffered Damages
Finally, the injured party must be able to prove they suffered damages as a result of the accident. This can include:
- Medical bills and expenses
- Lost income due to time off work
- Pain and suffering
- Property damage
If a rider can prove these four elements of negligence, they can build a strong motorcycle accident settlement negotiation case.
How Does Comparative Fault Impact Settlement Amounts?
If another driver causes a motorcycle accident, the assumption might be that their insurance company will cut a check for the damages.
Think again.
Insurance companies have one job — and that’s to save their company money. When another driver is at fault for the accident, the insurance company will look for any opportunity to place blame on the rider.
This is known as comparative negligence.
In most states throughout the U.S., comparative fault applies. What this means is that if the rider is found to be even 1% at fault for the accident, their total compensation gets reduced by that percentage.
For example, being found 20% at fault for a $100,000 motorcycle accident claim means only $80,000 is recoverable.
States like Maryland, Alabama, North Carolina, Virginia, and Washington D.C. follow contributory negligence rules. Being found even 1% at fault means no compensation at all.
Because of this, it’s incredibly important to build a rock-solid case with plenty of evidence.
Insurance companies know these laws as well as anyone. They will do everything they can to shift blame onto the rider in order to save money. The best defence? Gathering a mountain of evidence that proves negligence from the beginning.
Steps To Build a Strong Motorcycle Accident Claim
There’s no surefire way to guarantee a maximum motorcycle accident settlement.
But there are certain things that can improve any rider’s chances at a fair settlement.
Gather as much evidence from the scene as possible. This includes taking photos and video of not only the vehicles, but road conditions, skid marks, debris, and anything else that may have led to the cause of the accident.
Get a copy of the police report. Police officers who respond to the scene of a motorcycle accident will typically create a report. This can become a powerful piece of evidence when negotiating with insurance companies.
Make sure to seek medical attention ASAP. Some riders want to “wait it out” after an accident. They think they’re fine, but later discover serious injuries. Not only is this detrimental to health, but medical records are needed to establish the damages suffered.
Pay attention to detail and document everything. Write down all medical treatments received, days off work missed, car repair costs, and more. These are the damages that can be recovered.
Avoid giving statements to insurance companies. Whenever a rider speaks to an insurance adjuster, they’re looking for ways to reduce the settlement. It’s often best to let an attorney do all the talking.
Wrapping It Up
Motorcycle accidents can happen to anyone at any time. But when negligence is involved, there are options to seek compensation.
The unfortunate truth is that motorcycle accidents often lead to severe injuries no matter the circumstances. Motorcycle riders also deal with negligence they didn’t cause on a daily basis. Whether it’s improperly shared lanes or failure to check blind spots before turning or changing lanes, motorists place blame on motorcyclists when they wouldn’t cause the same accident with their own vehicle.
Knowing how liability and negligence works gives riders the advantage during settlement negotiations. Understanding what needs to be proven and how comparative fault laws affect a claim is critical.
Most importantly, knowing the steps to take from the scene of the accident to building a strong case against the insurance company makes all the difference.
If negligence from another person on the road causes a motorcycle accident, don’t let insurance companies walk all over the situation. Demand the compensation deserved.
